Or. Admin. Code § 259-013-0270

Current through Register Vol. 63, No. 11, November 1, 2024

Section 259-013-0270 - Record Keeping, Confidentiality

(1) LEDS Reports.

(a) Confidentiality. All LEDS reports are confidential and must be maintained by the authorized designee in accordance with applicable Oregon State Police requirements in ORS Chapter 181A and these rules (NOTE: See OAR chapter 257, division 15).

(A) Authorized Designee Access. LEDS reports are confidential and may only be shared with another authorized designee if there is a need to know consistent with these rules.

(B) The subject individual will be allowed to inspect the LEDS report or state or national criminal offender records the Department used to make their eligibility determination, if requested.

(b) Retention. LEDS reports must be retained and destroyed in accordance with records retention schedules published by Oregon State Archives.

(2) National Information.

(a) Confidentiality and Dissemination. Notwithstanding section (1)(a)(B), national criminal information provided by the Federal Bureau of Investigation (FBI) is confidential and may not be disseminated by the Department.

(b) Retention. FBI reports must be retained and destroyed in accordance with records retention schedules published by Oregon State Archives and in accordance with federal law.

(3) Fingerprint Cards.

(a) All fingerprint cards sent to the Department will be forwarded to the Oregon State Police and FBI as dictated by these rules.

(b) Fingerprint cards returned to the Department will be returned to the subject individual or be destroyed.

(c) The Department will not retain any fingerprint cards or copies of any fingerprint cards for any reason.

Or. Admin. Code § 259-013-0270

DPSST 17-2008, f. &cert. ef. 10-15-08; DPSST 15-2015 f. & cert. ef. 7/23/2015; DPSST 25-2018, minor correction filed 02/13/2018, effective 2/13/2018

Statutory/Other Authority: ORS 181A.195 & ORS 181A.400

Statutes/Other Implemented: ORS 181A.400